These Terms of Service (“Terms”) govern your access to and use of the Rally website, Rally services, and the Rally connector for Muse (collectively, the “Services”), provided by Echo AI LLC (“Echo AI,” “we,” “us,” or “our”). By accessing or using the Services, you agree to these Terms. If you use the Services for a business, you represent that you have authority to bind that business.
1. Eligibility and accounts
You must be at least 18 years old and legally able to enter into a binding agreement to use the Services. You must provide accurate information, keep your credentials secure, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account.
2. Early-access beta
Rally is currently offered as a private, early-access beta. Features may be incomplete, change, become unavailable, or contain errors. We may set participation limits, modify functionality, or suspend beta access. Do not rely on the Services as your only record of an order, payment, deadline, or customer obligation.
3. How rallies work
A “rally” is a group buy on Rally: an offer for a merchant’s product that is charged only if enough people join before a deadline. There are two kinds of rally, and the rally page tells you which kind you are joining.
Rally terms and who sets them
On a merchant-funded rally, the merchant sets the price, the number of units needed for the rally to fill (the “goal”), the deadline, and any unit-tier or referral discount, and the merchant opens the rally. On a Rally-funded rally, Rally sets the price you pay, the discounts, the quantity available, the goal, and the deadline, and Rally opens the rally; the merchant has agreed in advance to supply the product at a wholesale price under a schedule it accepted. On both kinds of rally the merchant is the seller: it publishes the shipping and fulfillment terms and its return and refund policy, ships your order, and handles customer service, returns, refunds, and warranty.
The rally page shows the product, the price, the goal, the deadline, the shipping terms, and the return and refund policy before you join. A rally’s terms are fixed once it opens and do not change while it is open.
Creator partners do not open rallies. A merchant may open a merchant-funded rally for a creator partner to promote; the creator partner may then share that rally. Creator partners do not have Rally accounts and cannot create, change, or manage a rally.
Joining a rally: card authorization
When you join a rally, you enter your card through our payment processor, Stripe, and your card is authorized (a temporary hold). On a merchant-funded rally, the hold is for the total amount shown, which includes shipping and any applicable sales tax. On a Rally-funded rally, the hold is for the merchandise price after the rally discount, plus sales tax for your shipping address; shipping is included. On both kinds of rally, the held amount is the most you will pay: if the rally fills, you are charged that amount or less. You are not charged when you join. A rally counts the number of units covered by successful authorizations; clicks, shares, unfinished checkouts, and declined or cancelled authorizations do not count. On a rally with a referral discount, your own price may go down when people who join through your personal rally link are charged; the rally page shows the discount and its limit.
If the rally fills
If the rally reaches its goal by the deadline, the rally fills and your card is charged through Stripe, for your purchase from the merchant, shortly after the deadline. On either kind of rally, the charge may be lower than the authorized amount when a deeper unit tier or a referral discount applies, and it is never higher than the authorized amount. A rally that reaches its goal early stays open until the deadline so others can join. The merchant then fulfills your order under its published shipping, return, and refund terms.
If the rally does not fill
If the rally does not reach its goal by the deadline, or it is cancelled by the merchant or by Rally, you are not charged. We ask Stripe to cancel the hold right away. Your bank controls when the pending amount disappears from your account, which usually takes 5–10 business days. If a hold is still showing after that, contact your bank and tell them the authorization was cancelled; you may also contact us. If a card is charged for a rally that did not fill or was cancelled, Rally refunds that charge.
If a charge fails
If your card cannot be charged when a rally fills (for example, the authorization expired or your bank declined it), we email you. Rally may try the charge again within a short time; if it succeeds, you receive a confirmation and the order proceeds. If it does not succeed, you will not receive the order and will not be charged. The rally still fills for the other participants.
Joining is final
Rallies work only if everyone who joins stays in until the deadline, so the rally price can be offered. Once you join a rally, you cannot cancel your spot or withdraw your authorization through Rally. Before you can join, the rally page asks you to confirm that you understand this and the amount that will be charged if the rally fills.
This does not limit:
- your right not to be charged if the rally does not fill or is cancelled;
- the merchant’s return, refund, and exchange policy shown on the rally page, which applies after delivery;
- your rights if an order is not shipped within the promised time (or, if no time was promised, within 30 days), including the right to cancel and receive a prompt refund under the U.S. Federal Trade Commission’s Mail, Internet, or Telephone Order Merchandise Rule;
- your rights if a product is defective, misdescribed, or unsafe, or if a charge was unauthorized or incorrect, including rights under your card network’s rules; or
- any other right you have under applicable law that cannot be waived by agreement.
Payments and fees
Payments are processed through Stripe Connect. The merchant is the seller of the product. Rally receives payments for rallies as the merchant’s limited agent. When your card is charged for a rally, your payment is treated as received by the merchant, and your obligation to pay the merchant for that order is satisfied in the amount charged, even if the merchant’s share has not yet been transferred to it. This does not apply to any amount that is refunded or reversed in a dispute, and it does not change that the merchant is the seller or limit your refund, return, or other rights described in these Terms. Where required by law, Rally may calculate, collect, report, and remit applicable marketplace sales or use taxes. Rally may deduct or retain applicable tax amounts and Rally’s platform fee before merchant proceeds are transferred through Stripe. Participants pay no Rally fee; the amount you are charged is the amount shown when you join, or less, as described above. Card data is collected and processed by Stripe under its own terms and privacy policy.
Taxes
The total amount shown when you authorize your purchase is the maximum amount you will be charged if the rally fills. Where required by applicable law, Rally may calculate, collect, report, and remit applicable sales or use taxes as a marketplace facilitator. Rally collects tax only where it has a collection obligation and the applicable registration.
On a merchant-funded rally, applicable tax may be included within the displayed Rally price rather than added on top of that price. The rally has one all-in price nationwide, and your shipping address does not change the total. Where Rally collects tax on a merchant-funded rally, your receipt shows the amount of sales tax included in your total.
On a Rally-funded rally, tax is calculated on the merchandise for your shipping address and added to the merchandise price. Where Rally is not registered to collect tax for that address, the tax line is $0, so totals can differ by address (for example, an order shipped to Seattle and an order shipped to Oregon). Your receipt shows the tax for your shipping address.
On both kinds of rally, shipping is included in the price and is not a separate charge.
4. The merchant is the seller
Rally provides software for publishing, sharing, tracking, and analyzing rallies. Rally is not the seller, payment processor, product manufacturer, shipper, or fulfillment provider. Where required by law, Rally acts as a marketplace facilitator for sales and use tax purposes, as described in Section 3. On a Rally-funded rally, the merchant is paid a wholesale amount that is locked at the deadline, and Rally’s margin is the difference between the price you pay and that wholesale amount; it is not a fee you pay.
The merchant is solely responsible for:
- The accuracy and legality of product descriptions and inventory statements, its shipping, return, and refund terms, and, on a merchant-funded rally, the prices, discounts, deadlines, and deal terms it sets. On a Rally-funded rally, Rally sets the price, discounts, quantity, goal, and deadline; the merchant remains responsible for the product information it supplied and for the product itself.
- The product, its legality, safety, quality, and availability, order fulfillment, shipping, customer service, cancellations, returns, refund decisions, warranties, and legal compliance, including taxes other than those Rally collects as a marketplace facilitator.
- Agreeing any commission with its creator partners and paying each earned commission.
- Customer complaints relating to its products or orders, and the cost of refunds, chargebacks, and payment disputes. Refunds are issued, and payment disputes are answered, through Rally’s Stripe Connect integration, using information the merchant provides.
- Maintaining its own privacy notice and other disclosures required by law.
Merchants also agree to the Rally Merchant Agreement, which they review and accept in their Rally merchant dashboard. It governs the merchant’s relationship with Echo AI and controls over these Terms if they conflict.
The merchant determines and funds refunds required under its policies or applicable law. Rally sends the refund to your card through Stripe on the merchant’s instruction. Your order page shows whether a refund is pending, completed, or could not be completed; a refund is complete only when it has been sent to your card.
Merchants may not use Rally to offer products prohibited by the Rally Prohibited Products Policy, including weapons, alcohol, tobacco and nicotine, cannabis, controlled substances, prescription drugs, over-the-counter medicines, dietary supplements and ingestible wellness products, medical devices and diagnostic products, hazardous products, counterfeit goods, and other prohibited categories. Rally supports ordinary low-risk consumer goods, including ordinary beauty and personal-care products, but does not currently support medicines, ingestible supplements or wellness products, medical devices, diagnostic products, or other health/therapeutic product categories. Deals and promotions may not claim that a product treats, cures, or prevents any disease or medical condition. Rally may remove prohibited or unsupported products and may suspend or terminate access for violations.
A purchase creates a transaction between the participant and the merchant, subject to the merchant’s terms and policies. Questions about a product, shipment, cancellation, return, refund, or commission must be directed to the merchant.
5. Creator partners and commissions
A merchant may open an official rally. A Merchant may open a rally for a Creator Partner to promote; every rally a creator partner shares is created by the merchant. Creator partners do not have a Rally account, unless Rally introduces that feature in the future, cannot create, change, or manage a rally, and do not accept these Terms merely by promoting a rally link.
The merchant chooses its creator partners and is responsible, under the Rally Merchant Agreement, for their promotion of its rallies, including accurate descriptions of the deal and clear disclosure of any commission, free product, or other material connection as required by the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising. The rally page also shows a disclosure of the relationship.
Any commission is set, funded, and paid by the merchant, as a percentage of the price before tax and shipping of the units charged in the creator partner’s rallies. Rally shows the merchant the amount owed but does not guarantee or independently owe the commission. Creator partners never receive participants’ names, email addresses, or shipping addresses; they see only rally progress.
6. Merchant analytics
Rally may organize data about a merchant’s own deals, including filled and unfilled rallies, progress toward goals, participant counts, and product performance. Analytics describe observed activity. They do not establish why a rally succeeded or failed and are not financial, pricing, marketing, or business advice. Merchants remain responsible for pricing, product, and audience decisions.
7. Acceptable use
You may not:
- Use the Services for fraud, deception, money laundering, unlawful sales, or other illegal activity.
- Create fake orders, manipulate rally counts, coordinate chargebacks, or abuse promotions or commissions.
- Publish false, misleading, unauthorized, infringing, unsafe, or illegal content, products, or offers.
- Offer any product prohibited by the Rally Prohibited Products Policy, which forms part of these Terms for merchants.
- Collect participant payments outside the merchant’s approved checkout while representing the collection as part of Rally.
- Access another user’s account or another merchant’s nonpublic data without authorization.
- Probe, disrupt, overload, scrape, reverse engineer, or bypass security or access controls, except where applicable law expressly permits.
- Upload malware or use the Services to send spam, harassment, or abusive content.
- Use Rally, Meta, Shopify, a merchant, or another party’s name or marks in a way that falsely suggests affiliation or endorsement.
We may investigate suspected violations and restrict or terminate access when reasonably necessary to protect users, merchants, the Services, or others.
8. Your content and feedback
You retain ownership of content you submit to the Services. You grant Echo AI a worldwide, nonexclusive, royalty-free license to host, use, reproduce, modify, transmit, and display that content only as reasonably necessary to operate, secure, support, and improve the Services and to comply with law.
You represent that you have the rights needed to submit your content and that it does not violate law or another person’s rights. If you provide feedback, you permit us to use it without restriction or compensation.
9. Echo AI intellectual property
The Services, including Rally software, design, branding, documentation, and related technology, are owned by Echo AI or its licensors and are protected by intellectual-property laws. Except for the limited right to use the Services under these Terms, no rights are granted to you. Shopify, Meta, Muse, and other third-party names and marks belong to their respective owners.
10. Third-party services
The Services may connect with merchant stores, payment providers, Muse, Shopify, or other third-party services. Those services are governed by their own terms and privacy notices. Echo AI does not control and is not responsible for third-party services. Rally is an independent product of Echo AI LLC and is not affiliated with, endorsed by, or sponsored by Shopify or Meta.
11. Suspension and termination
You may stop using the Services at any time. Stopping use of the Services does not cancel a rally you have already joined: your authorization stays in place until the rally fills (and you are charged) or does not fill (and the hold is cancelled), as described in Section 3. We may suspend or terminate access if you violate these Terms, create legal or security risk, fail to meet beta requirements, or if we discontinue the Services. Sections that by their nature should survive termination will survive, including provisions about ownership, disclaimers, liability, indemnity, and disputes.
12. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ECHO AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND ERROR-FREE OPERATION.
ECHO AI DOES NOT GUARANTEE THAT A RALLY WILL FILL, THAT A PRODUCT WILL REMAIN AVAILABLE, THAT A MERCHANT OR CREATOR PARTNER WILL PERFORM, THAT AN ANALYTIC INSIGHT WILL PRODUCE A PARTICULAR RESULT, OR THAT A THIRD-PARTY SERVICE WILL OPERATE WITHOUT INTERRUPTION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECHO AI AND ITS OFFICERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ECHO AI FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) US$100 OR (B) THE AMOUNT YOU PAID DIRECTLY TO ECHO AI FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. AMOUNTS PAID TO A MERCHANT FOR PRODUCTS ARE NOT AMOUNTS PAID TO ECHO AI. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
14. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless Echo AI and its officers, members, employees, affiliates, and agents from third-party claims, and related liabilities, damages, losses, and reasonable costs, including legal fees, to the extent arising from your fraud, unlawful conduct, or intentional misuse of the Services, illegal content you submit, or your infringement of another party’s rights. You are not required to indemnify Echo AI merely because you used the Services as a participant in the ordinary way.
If you use the Services for a business, you will also indemnify Echo AI on the same basis for claims arising from your products or offers and your violation of these Terms or law. For merchants, the indemnity in the Rally Merchant Agreement applies and controls. These obligations do not apply to the extent a claim results from Echo AI’s own unlawful conduct.
15. Governing law and disputes
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-laws principles. Before filing a claim, you and Echo AI agree to try in good faith to resolve the dispute informally by written notice. Notices to Echo AI must be sent to hello@echoaisms.com and describe the dispute and requested resolution. If the dispute is not resolved, claims may be brought in a court of competent jurisdiction in the State of Washington, except where applicable consumer law requires another forum or procedure.
16. Changes to the Services or Terms
We may change the Services and these Terms as Rally develops. We will post revised Terms with an updated date and provide additional notice when required by law. Changes apply prospectively: a rally you have already joined stays governed by the Terms in effect when you joined it. If you do not agree to revised Terms, you must stop using the Services.
17. Electronic communications and signatures
You agree that we, Stripe, and merchants may provide notices, receipts, and other communications electronically, including by email and on the rally page. Checking a box or clicking a button to agree to these Terms or to join a rally is your electronic signature. To the extent permitted by applicable law, electronic communications and electronic signatures may satisfy applicable writing and signature requirements, including under the U.S. Electronic Signatures in Global and National Commerce Act and the Washington Uniform Electronic Transactions Act. We keep a record of the version you agreed to and when.
18. General terms
These Terms, the rally terms shown on the rally page, and, for merchants, the Rally Merchant Agreement are the entire agreement between you and Echo AI concerning the Services, except that the rally terms shown on the rally page, including the merchant’s shipping, return, and refund policy, govern the purchase transaction between the participant and merchant. If a provision is unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent; Echo AI may transfer them as part of a merger, financing, reorganization, or sale of assets. Headings are for convenience only.
19. Contact
Questions about these Terms may be sent to:
Echo AI LLC
Redmond, Washington 98052, United States
Email: hello@echoaisms.com
State of registration: Washington, United States